The Surf, Elks Lodge retain liquor licenses, despite violations

Council takes 1st look at recreational marijuana options

STERLING -- The Surf bar and the Elks Lodge will be able to serve alcohol in 2013, after the Sterling City Council voted 6-0 and 7-0 respectively to renew their liquor licenses. Council member Alice Pitcher abstained from voting on The Surf's application.

Representatives from both groups had a chance to address the council Tuesday evening.

The Elks' request for a club liqor license renewal was removed from the consent agenda at the previous meeting Dec. 11, 2012, after Mayor Heather Brungardt noted the group's violation. The group had sold a Bud Light to a 19-year-old enforcement person on May 12, 2012, resulting in a 19-day liquor license suspension.

Howard Combs of the Elks Lodge told the council that the Lodge's regular bartender wasn't available for the event and that another employee, a wife of one of the members, volunteered to serve the bar in her absence.

Combs took responsibility for her actions, saying he hadn't informed her of all of the standards.

"It shouldn't happen again," he added.

The Surf, on the other hand, faced violations for purchasing about $2,560 in malt liquor from Colorado retail stores between Jan. 1, 2011 and Nov. 25, 2011 -about $2,060 over the limit allowed by state law - and for not having snacks or sandwiches available during business hours.

Joseph Delgado of The Surf said he hadn't realized the bar was required to serve food, but said he still didn't know where the violation came from.

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"We have always had food and snacks, since 1962," Delgado said.

He also complained that the $500 limit for alcohol purchased from retail stores was "archaic," since alcohol costs more now than it did when the limit was implemented.

He also said the distances his liquor shipments travel have hampered his selection on occasion, as they only come once a week or two weeks.

"We don't have the benefit of living in Denver," Delgado said, adding that he'd have to drive to Denver himself if his shipments didn't make it. "They don't deliver on holidays and if there's a storm or snow storm in Sterling, you're out of luck."

After the council approved The Surf's license, Delgado asked the council about the $1,000 annual tax he pays at the bar and, in his 51st year, where his $51,000 have gone.

Brungardt said she'd also heard that question from Chester's Pub and said the council might have to take a look at the tax, which Delgado said no other business had to pay.

He also wanted to know what happened to the liquor rules, which he thought prohibited liquor-carrying establishments from being within 1,000 feet from schools and churches and required extra parking spots.

Brungardt explained that each case is brought up to the council's vote. In one case, with Bamboo Garden, she said the council allowed for the restaurant to have a license despite its location next to the former Darrell Smith High School.

She also said liquor establishments don't have to operate away from churches anymore, either.

In other council news, City Manager Joe Kiolbasa addressed the issue of recreational marijuana for the first time. He told the council they should begin discussing actions they want to take in response to Amendment 64.

Kiolbasa added that the state legislature starts its session today and that they have until July to enact any legislation on the issue. If they don't act by that date, the city has to create an ordinance either blocking or regulating its sale by Oct. 1.

The council has already opted out of medical marijuana dispensaries, but council members still have to separately act on recreational marijuana.

Council member Randy Brigham said he's seen a lot of discussion about this topic in the Colorado Municipal League. Most municipalities, he said, are acting based on how the community voted. There will also be a clearinghouse for members to submit the regulations they've enacted.

"We don't have to reinvent the wheel," Brigham said. "We can see what other communities are doing."

Debate remained minimal, but council members agreed that creating regulations would require citywide changes in codes. Prohibiting dispensaries altogether, however, would require very little effort.

The city council will further discuss the issue at their next meeting Jan. 22.

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